Colorado § 1-1-110 - Powers of county clerk and recorder and deputy - communication to electors.

§ 1-1-110. Powers of county clerk and recorder and deputy - communication to electors.

(1) The county clerk and recorder, in rendering decisions and interpretations under this code, shall consult with the secretary of state and follow the rules and orders promulgated by the secretary of state pursuant to this code.

(1.5) Pursuant to section 24-4-106 (4.7), C.R.S., a county clerk and recorder is authorized to seek judicial review of final action undertaken by the secretary of state arising under this code.

(2) All powers and authority granted to the county clerk and recorder by this code may be exercised by a deputy clerk in the absence of the county clerk and recorder or if the county clerk and recorder for any reason is unable to perform the required duties.

(3) As the chief election official for the county, the county clerk and recorder shall be the chief designated election official for all coordinated elections.

(3.5) Repealed.

(3.7) As the chief election official for the county, and to comply with this code and the rules and orders established by the secretary of state, the county clerk and recorder shall set operational hours for the clerk and recorder's office.

(4) (a) Except as otherwise provided in section 1-2-302.5, any communication by mail from the county clerk and recorder to any registered elector pursuant to this title must be sent to the elector's address of record.

(b) and (c) Repealed.

(5) (a) Except as otherwise provided in this subsection (5) and notwithstanding any other provision of law, an elector may request to receive elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), from his or her county clerk and recorder by electronic transmission. With the request, the elector must submit an electronic-mail address to which the county clerk and recorder may send communication from the county clerk and recorder. The county clerk and recorder, upon receiving the request, may send all future elections communication, except for ballots, confirmation cards, or correspondence sent in accordance with section 1-2-302.5 or 1-2-509 (3), by electronic transmission to the electronic-mail address provided by the elector; except that:

(I) If an elector subsequently requests to cease the electronic transmission and requests to receive future elections communication by mail, the county clerk and recorder shall comply with the request; or

(II) If the county clerk and recorder, after sending such an electronic transmission, receives an undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid, the county clerk and recorder must send that particular communication by regular mail and shall not send any future elections communication by electronic transmission, unless the elector reapplies for electronic communications.

(b) An electronic-mail address provided by an elector shall not be made available to the public or any individual or organization other than an authorized agent of the local election official, and is exempt from disclosure under article 72 of title 24, C.R.S. The address may be used only for official communication with the elector about the voting process, if the elector has requested such electronic transmission under this subsection (5).

(c) All correspondence sent to an elector pursuant to this subsection (5) shall be maintained in the elector's registration records stored in the statewide voter registration system created in section 1-2-301; except that any undeliverable message or any other message indicating that the elector's electronic-mail address is no longer valid as described in subsection (5)(a)(II) of this section does not need to be stored in the statewide voter registration system.

(d) The failure of an elector to receive elections communication by electronic transmission is not grounds to invalidate an election if the county clerk and recorder acted in good faith in making the electronic transmission.

(e) Nothing in paragraph (a) of this subsection (5) prevents the receipt or return of a ballot via electronic transfer as set forth in section 1-7.5-115.

Source: L. 92: Entire article R&RE, p. 634, § 1, effective January 1, 1993. L. 93: (3) amended, p. 1396, § 6, effective July 1. L. 96: (3) amended, p. 1734, § 5, effective July 1. L. 99: (4) added, p. 279, § 2, effective August 4. L. 2003: (1) amended, p. 2065, § 5, effective May 22. L. 2012: (4)(a) amended and (4)(b) repealed, (HB 12-1292), ch. 181, p. 676, § 2, effective May 17. L. 2013: (4)(a) amended and (4)(c) and (5) added, (HB 13-1303), ch. 185, p. 683, § 4, effective May 10. L. 2014: (1.5) added, (HB 14-1354), ch. 159, p. 553, § 1, effective May 9. L. 2016: (4)(a) and IP(5)(a) amended and (4)(c) repealed, (HB 16-1093), ch. 126, p. 358, § 2, effective April 21. L. 2018: (5)(c) amended, (SB 18-233), ch. 262, p. 1603, § 1, effective May 29. L. 2024: (3.5) added, (SB 24-210), ch. 468, p. 3241, § 1, effective June 6. L. 2026: (3.7) added, (HB 26-1113), ch. 267, p. 1484, § 4, effective June 1.

Editor's note: (1) This section is similar to former § 1-1-109 as it existed prior to 1992.

(2) Subsection (3.5)(b) provided for the repeal of subsection (3.5), effective January 31, 2025. (See L. 2024, p. 3241.)

Cross references: In 2013, subsection (4)(a) was amended and subsections (4)(c) and (5) were added by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013.

ANNOTATION

Subsection (3) governs the timeliness of the filing of an annexation petition pursuant to § 30-6-105 and language of notification requirement in this section is mandatory and thus county board of commissioners is without discretion to shorten notice period. Sellers v. Bd. of County Comm'rs, 682 P.2d 509 (Colo. App. 1984) (decided under former law).